Lebanon Township Planning Board                                                                 September 19, 2006

Municipal Bldg    530 West Hill Road   Glen Gardner, N.J.


The 790th Regular Meeting of the Lebanon Township Planning Board was called to order at 7:08 p.m. by Chairman Gary MacQueen.  Present were:  Mr. Weeks, Mr. Gerlich, Mr. Schmidt, Mr. Piasecki, Mr. Rich, Ms. Bleck, Mr. Spatz, Ms. Schriver, 1st Alternate Weiler, Attorney Gallina and Engineer Risse.   Ms. Kim Jacobus covered for Ms. Glashoff this evening.


Notice of this meeting was provided for in the “Annual Meeting Notice Schedule” adopted by this board on January 17, 2006, mailed to the Hunterdon Review, Hunterdon County Democrat, Express Times, Courier News, Star Ledger and posted on the bulletin board in the Municipal Building on September 13, 2006.


The Planning Board Chairman will ask for a motion to go into Executive Session.


Motion by Ms. Bleck and seconded by Mr. Spatz to have the Planning Board go into Executive Session.  Unanimously approved.




WHEREAS,  Section 7 (B) of the Open Public Meetings Act L. 1975 C. 231 NJSA 10:4-12(B)(8) permits the exclusion of the public from Planning Board Meetings where certain matters are to be discussed; and


WHEREAS,   the Lebanon Township Planning Board is desirous to meet to discuss litigation issues;


NOW THEREFORE BE IT RESOLVED, by the Lebanon Township Planning Board of the Township of Lebanon, Hunterdon County, New Jersey, that this Board met in executive session at 7:00 p.m.


The Planning Board Chairman asked for a motion to return to the public portion of the meeting.


Motion by Mr. Spatz and seconded by Ms. Bleck to open the public portion of the meeting.   Unanimously approved.


PRESENTATION OF MINUTES:              August 15, 2006       Regular Meeting


Motion by Mr. Spatz and seconded by Mr. Rich to approve the minutes as presented.  Unanimously approved.




a.  Darryl Pennisi                                                  Block #61        Lot #34

     Extension of Time to File                               Anthony & Mt. Airy Roads   R5

     Deeds with conditions


Motion by Mr. Rich and seconded by Mr. Spatz to approve the resolution for an Extension of Time to File Deeds with conditions.


ROLL CALL                        Yes:   Mr. Gerlich  Mr. Spatz               Abstain:   Mr. Weeks

                                                          Mr. Schmidt                Ms. Schriver                             Mr. MacQueen

                                                          Mr. Piasecki                Mr. Weiler                                 Ms. Bleck

                                                          Mr. Rich


FYI:        NJDEP Highlands Update -  no comments

                Ltr from Atty Hirsch    re:  C&C Homes Highlands Approval


Chairman MacQueen referred to the letter from Attorney Hirsch of Archer & Greiner regarding the letter from NJDEP-Highlands on C&C Homes.   Attorney Gallina stated he discussed the letter with Engineer Risse and also spoke with Attorney Hirsch and the letter will be reference in the subdivision deeds.  Once the deeds are reviewed and approved, the board can sign the deeds.  Chairman MacQueen noted that this was the first subdivision to get approval from the Highlands in the Township.




Darin McDowell                                                   Block #73               Lots  #53/54

51 Dutch Hill Road                                               Dutch Hill Road    RC 7½

Hampton, N.J.  08827


FORMAL APPLICATION                                Lot Line Adjustment/Merger


Mr. McDowell represented himself and before making his presentation to the board, Attorney Gallina had Mr. McDowell sworn in.  Engineer Risse reviewed for the board his report.  Mr. McDowell would like to increase his property by taking a portion of Lot #54 which presently consists of 31.22 acres and merge 0.289 acres to the back portion of Mr. McDowell’s lot.  Mr. McDowell stated the reason for the merger is


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to make his lot larger.  Engineer Risse noted that no new lots are being created, just an adjustment of a lot line.  Engineer Risse stated that with this type of application, several of the checklist items can be waived and listed the items in question.  Engineer Risse recommended the following checklist items to be waived:  Items #16, #22, #23, #40, #50, #56, #59 and #60.  Engineer Risse stated that with the Lot Line Adjustment, Mr. McDowell’s lot will go from 0.168 acres to 0.457 acres.   After the merger, Lot #54 will consist of 30.921 acres and will continue to comply with the RC 7½ acre zoning.   Mr. McDowell informed the board that he had contacted the NJDEP-Highlands last October and was informed that as long as he was not building anything, it would not be a problem with the Lot Line Adjustment.   After a brief discussion by the board and being no questions from the public, motion by Mr. Rich and seconded by Mr. Spatz to grant the waivers and the merge of 0.289 acres to Lot #53 with the following conditions:


a.   Applicant to obtain any necessary approvals from outside agencies having jurisdiction.

b.   Applicant shall submit conforming subdivision deeds for review and approval by the

      Board Attorney and Engineer.


ROLL CALL        Yes:  Mr. Weeks                   Mr. MacQueen                     No:  None

                                         Mr. Schmidt Ms. Bleck

                                         Mr. Gerlich                   Mr. Spatz

                                         Mr. Piasecki Ms. Schriver

                                         Mr. Rich


Attorney Gallina will prepare the Resolution to be on the Agenda of October 17, 2006.




a.   Draft of Amended Fee Schedule Ordinance – Attorney Gallina


Attorney Gallina stated that the original discussion was to amend the Fee Schedule for escrows regarding Exemption from Site Plan Review.  The escrow fee at the present time is $75.00 which is totally inappropriate and the board decided to increase it to $400.00 since our professionals have to review this type of application.  After a brief discussion, motion by Mr. Spatz and seconded by Mr. Piasecki to approve the increase for Escrow to $400.00 and to forward the amendment on to the Township Committee for Introduction and Adoption.  Unanimously approved.  


Chairman MacQueen announced that since Planner Bolan was unable to attend tonight’s meeting, Items b,c,d,e,f,g will be placed on the agenda for October 17th for discussion.


B.   Zone Change Request – Planner Bolan

c.    Tree Ordinance – proposed amendments

d.    Fence Ordinance – Planner Bolan

e.    Monuments & Pillars on residential properties – Planner Bolan

f.     Memo from Exc. Director Eileen Swan  re:  Update on proposed changes to the Preliminary State Plan

                                                                              and scheduled Cross-Acceptance Negotiations

g.   Update on COAH Letter Items – Planner Bolan


Chairman MacQueen asked Ms. Jacobus if Ms. Glashoff had left any information regarding the Training Courses being offered.  Ms. Jacobus informed the board that the next course being offered would be held at the Bethlehem Township Municipal Building in Hunterdon County on Saturday October 28th from 8:00 am to 1:15 pm.  Ms. Jacobus informed the board that she did not know of any other courses except for Atlantic City in November.




a.   John Gallina, Esq.                           $393.90

b.  Banisch Associates                       $479.50

c.  Bayer/Risse Engrs.                         $707.00

                                                Total:  $1,580.40


Motion by Mr. Rich and seconded by Ms. Bleck to approve the bills as presented which includes the bills from Bayer/Risse on the Agenda Addendum.  Unanimously approved.


Chairman MacQueen informed the board that he had Ms. Glashoff check with the Construction Department on the status of Mohawk Oil.  Mohawk has a permit for the foundation but nothing else.  Ms. Glashoff then contacted Mark Salisbury of Mohawk Oil to found out when construction would begin and informed him that the Planning Board would like an update and status report.  Mr. Salisbury sent the letter you all have this evening with a progress report.  The board questioned the status of the fire tank.  Engineer Risse noted that the discussion with Mohawk and the fire tank was before the Fire Protection Ordinance had been adopted.  There had been some discussion on when the fire tank would be installed, either before the issuance of the CO or after some of the construction had been done.  Mohawk is to install a 10,000 gallon


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tank and they wanted to put in at the back of the property behind the septic area and that had to be installed first.  Mr. Spatz stated that the septic system has been installed.  Engineer Risse noted that the gas tanks

that were in the ground had leaked and Mohawk was involved with the demolition and clean up the area with NJDEP.   Engineer Risse stated that he had received a phone call from Mark Salisbury the end of August and was informed that Mohawk plans on getting the project started sometime early this fall.  They finally got everything completed with NJDEP and have a contract lined up for excavation.


Chairman MacQueen asked about the status of the fire tank at Davara.  Engineer Risse informed the board that everything in completed.  Chairman MacQueen asked about the stand pipe that the Fire Department and Mr. English had issue with and wanted to know if that issue had been resolved.  Engineer Risse spoke with Fire Chief Gabriel and what we will need to do is amend the Fire Protection Ordinance to specify the exact parts that need to be installed so we don’t have any problems in the future.  Chairman MacQueen referred to the ordinance in installation requirements that Washington Township has for installing a Fire Tank and that we should get a copy of it.




Chairman MacQueen opened the meeting to the public.  Nancy Darois asked if the public would be able to get copies of the zoning changes and ordinance amendments that the board will be working on for review.  Chairman MacQueen informed Ms. Darois that she could stop in and see Ms. Glashoff for copies.


Mr. Schmidt asked about the Highlands Update and the Municipal Role.  Mr. Schmidt wanted to know if the .25 acre impervious cover replaces the 3% impervious cover limitation.  Engineer Risse stated that they are used for two different purposes.  An application is considered a “Major Highlands Development” if there is a proposed increase in new impervious cover of ¼ acre or more.  A Major Highlands Development would require a Highlands permit.  Under the Highlands rules, the development would be capped at an overall impervious limit of 3% including both existing and proposed impervious surfaces.  In the instance where you have an 8.33 acre vacant lot, if you were to propose a development with 1.4 acre of impervious surface the ¼ acre would also represent 3% of the lot and you would not be able to exceed the ¼ acre threshold.  In the instance where you have a 100 acre lot, if you propose a development with at least ¼  acre of new impervious surface you would be regulated by the Highlands rules and as such, you would be limited to no more that 3 acres of existing and proposed impervious surfaces.  In the instance where your lot already has in excess of 3% impervious cover, you are not permitted to add any addition impervious cover.


Ms. Jacobus informed the board that the board received $3,750 from the Highlands for the grant which is the first installment.


Being no further business to come before the board, nor comments from the public, motion by Ms. Schriver and seconded by Mr. Spatz to adjourn the meeting at 7:40 p.m.  Unanimously approved.





                                                                                                CHAIRMAN GARY MACQUEEN







Minutes prepared by Board Clerk Ms. Glashoff